HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-121Temp. Reso. No. 11913
August 30, 2010
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- %a
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
TAMARAC AND BROWARD COUNTY TO PROVIDE
FOR THE IMPLEMENTATION OF THE ANNEXATION
OF THE PROSPECT BEND AREA INTO THE CITY OF
TAMARAC; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION;
PROVIDING FOR RECORDATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Representative Ari Porth and Representative Gwyn Clark -Reed
introduced Local Bill 1129 to annex the Prospect Bend area into the City of Tamarac to
be heard by the Florida Legislature in the spring of 2010; and
WHEREAS, the Governor approved and signed Local Bill 1129 to annex the
Prospect Bend area into the City of Tamarac on May 28, 2010; and
WHEREAS, the annexation will become effective on September 15, 2010, and in
order to implement the annexation, it is necessary for the City to enter into an Interlocal
Agreement with Broward County ("Interlocal Agreement") in order to address the
continued provision of various services to the residents and business owners of the
Prospect Bend area; and
WHEREAS, the City Commission has determined that it is in the City's best
interest to enter into the Interlocal Agreement with Broward County for the
implementation of the annexation of the Prospect Bend area, a copy of which is attached
hereto as Exhibit "A", and incorporated herein by reference; and
Temp. Reso. No. 11913
August 30, 2010
Page 2
WHEREAS, the City Commission finds that it is in the best interest of the health,
safety and welfare of the citizens and residents of the City of Tamarac, to enter into the
Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: That the City Commission of the City of Tamarac, Florida hereby
approves the Interlocal Agreement between Broward County and the City of Tamarac to
implement annexation of the Prospect Bend area, a copy of which is attached hereto as
Exhibit "A", and incorporated herein by reference, and authorizes the Mayor and Vice -
Mayor to sign the Interlocal Agreement, and for City Manager and staff to take any and
all action necessary to effectuate the intent of this resolution.
SECTION 3: The City Clerk is hereby authorized and directed to record said
agreement in the Public Records of Broward County, Florida.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
Temp. Reso. No. 11913
August 30, 2010
Page 3
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
AMUE S. REN
CITY ATTO NEY
"N day of 4) , 2010.
BETH •
MAYOR
Record of COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM BUSHNELL q4
DIST 2: COMM GOMEZ
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER
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INTERLOCAL AGREEMENT
Between
BROWARD COUNTY and the CITY OF TAMARAC
IM
IMPLEMENT ANNEXATION OF PROSPECT BEND
This is an Interlocal Agreement, hereinafter referred to as "Agreement," made and
entered into by and between: BROWARD COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY,"
W
The CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter
referred to as "CITY."
WHEREAS, in order to establish the background, context, and frame of reference for
this Agreement and to provide a general background regarding the objectives and intentions
of COUNTY and CITY, the following statements, representations, and explanations are
predicates for the undertakings and commitments included within the provisions which follow
and shall be construed as essential elements of the mutual considerations upon which this
Agreement is based; and
WHEREAS, it is the purpose and intent of this Agreement for COUNTY and CITY to
provide for a means by which each governmental entity may exercise cooperatively its
respective powers and privileges in order to further a common goal; and
WHEREAS, this Agreement is an interlocal agreement entered into pursuant to
Section 163.01, Florida Statutes, the Florida Intergovernmental Cooperation Act of 1969.
Prior to the effectiveness of any provisions of this Agreement and any amendments hereto,
this Agreement including any amendments shall be filed as provided by Section 163.01(11))
and
WHEREAS, the State of Florida enacted Chapter 2010-256, Laws of Florida, which
provides for the annexation of certain portions of the unincorporated area of COUNTY,
described in Exhibit "B" attached hereto and made a part hereof, into the municipal
boundaries of the CITY, including the transition of any and all traditional municipal services
unless otherwise provided herein, and as more particularly described in Exhibit "A," attached
hereto and made a part hereof; and
WHEREAS, pursuant to Chapter 2010-256, Laws of Florida, the annexation will
become effective on September 15, 2010; and
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WHEREAS, it is mutually beneficial to CITY and COUNTY to ensure a smooth
transition of services from COUNTY to CITY.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement — means this document, Articles 1 through 8 inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly incorporated
by reference.
1.2 Board — The Broward County Board of County Commissioners.
1.3 City Contract Administrator --- The City of Tamarac City Manager, or his/her designee,
is the City Contract Administrator. The primary responsibilities of the City Contract
Administrator are to coordinate and communicate with COUNTY and to manage and
supervise execution and completion of the Scope of Services and the terms and
conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the instructions
or determinations made by the City Contract Administrator; provided, however, that
such instructions and determinations do not change the Scope of Services.
1.4 County Contract Administrator — The Broward County Administrator, or his/her
designee, is the County Contract Administrator. The primary responsibilities of the
County Contract Administrator are to coordinate and communicate with CITY and to
manage and supervise execution and completion of the Scope of Services and the
terms and conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the instructions
or determinations made by the County Contract Administrator; provided, however, that
such instructions and determinations do not change the Scope of Services.
ARTICLE 2
SCOPE OF SERVICES
2.1 CITY shall perform all work, tasks, functions and services identified to be performed by
CITY in this Agreement and in Exhibit "A," and COUNTY shall perform all work, tasks,
functions, and services identified to be performed by COUNTY in this Agreement and
in Exhibit "A." The parties agree that the Scope of Services is a description of their
obligations and responsibilities and is deemed to include preliminary considerations
and prerequisites, and all labor, materials, equipment, work, tasks, functions, and
services which are such an inseparable part of the matter described that exclusion
would render performance by the party obligated impractical, illogical or
unconscionable. Upon the effective date of the annexation, CITY shall extend its
general governmental services to the areas annexed at the same level as then exists
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within CITY except as otherwise provided in this Agreement.
2.2 CITY acknowledges and agrees that the County Contract Administrator has no
authority to make changes that would increase, decrease, or otherwise modify the
Scope of Services to be provided under this Agreement. Likewise, COUNTY
acknowledges and agrees that the City Contract Administrator has no authority to
make changes that would increase, decrease, or otherwise modify the Scope of
Services to be provided under this Agreement.
ARTICLE 3
EFFECTIVENESS; TERM AND TIME OF PERFORMANCE
3.1 This Agreement shall become effective only upon being executed by all of the parties
and shall be further expressly subject to the annexation of the areas described in
Exhibit "B." The term, and the obligations hereunder, shall begin on the date the
annexation is effective, which date is September 15, 2010, and shall end after all
duties, obligations, and responsibilities set forth in this Agreement are fulfilled or met,
by undertaking or completion thereof as herein required; however, notwithstanding any
other provision, the parties' obligations under this Agreement shall not extend beyond
September 30, 2011.
3.2 Time shall be deemed to be of the essence in performing the duties, obligations, and
responsibilities required by this Agreement.
ARTICLE 4
CHANGE IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished by a written amendment,
executed by CITY and COUNTY in accordance with Section 8.15 below.
ARTICLE 5
GOVERNMENTAL IMMUNITY
CITY is a state agency or subdivision as defined in Chapter 768.28, Florida Statues,
and agrees to be fully responsible for acts and omissions of its agents or employees to
the extent permitted by law. Likewise, COUNTY is a state agency or subdivision as
defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts
and omissions of its agents or employees to the extent permitted by law. Nothing
herein is intended to serve as a waiver of sovereign immunity by any party to which
sovereign immunity may be applicable. Nothing herein shall be construed as consent
by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of this Agreement or any other contract.
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ARTICLE 6
INSURANCE
CITY shall provide written verification of liability protection to the County Contract
Administrator prior to final execution of this Agreement, failing which CITY assumes
the risk for any and all loss and liability resulting from this Agreement that is judicially
imposed upon CITY. COUNTY shall provide written verification of liability protection to
the City Contract Administrator prior to final execution of this Agreement, failing which
COUNTY assumes the risk for any and all loss and liability resulting from this
Agreement that is judicially imposed upon COUNTY.
ARTICLE 7
TERMINATION
This Agreement may be terminated for cause by action of COUNTY or by CITY if, after
written notice from the aggrieved party identifying the breach, the party in breach has
not corrected the breach within thirty (30) days or if the nature of the breach is such
that it cannot be corrected within thirty (30) days, the party in breach has not
commenced and diligently pursued action to promptly correct the breach. Termination
of this Agreement shall not cause any interest in real or personal property that was
transferred to CITY to revert to COUNTY and shall not cause any transfer of municipal
services, or obligations transferred from COUNTY to CITY to revert to COUNTY.
Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents created in
connection with this Agreement are and shall remain the property of the party that
created same and will be made available to the other party for inspection or use at no
cost.
8.2 AUDIT AND RETENTION OF RECORDS
CITY and COUNTY shall have the right to audit the books, records, and accounts that
are related to this Agreement. CITY and COUNTY shall keep such books, records,
and accounts as may be necessary in order to record complete and correct entries
related to this Agreement.
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CITY and COUNTY shall preserve and make available, at reasonable times for
examination and audit, all financial records, supporting documents, statistical records,
and any other documents pertinent to this Agreement for the required retention period
of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if
the Florida Public Records Act is not applicable, for a minimum period of three (3)
years after termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until resolution
of the audit findings.
8.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS
WITH DISABILITIES ACT
Neither CITY nor COUNTY shall unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its obligations
under this Agreement. CITY and COUNTY shall comply with all applicable provisions
of the Americans with Disabilities Act (ADA) in the course of providing any services
funded, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines and standards.
CITY's and COUNTY's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age, religion,
color, gender, sexual orientation, pregnancy, gender identity (Broward County Code,
Chapter 16 1/2), national origin, marital status, physical or mental disability, political
affiliation, or any factor which cannot be lawfully used as a basis for service delivery.
CITY and COUNTY shall not engage in or commit a discriminatory practice in violation
of the Broward County Human Rights Act (Broward County Code, Chapter 16 1/2) in
performing any services pursuant to this Agreement.
8.4 INDEPENDENT CONTRACTOR
CITY and COUNTY are independent contractors under this Agreement. Services
provided by CITY and COUNTY pursuant to this Agreement shall be subject to the
supervision of CITY and COUNTY. In providing such services, neither CITY nor
COUNTY or its agents shall act as officers, employees, or agents of CITY or
COUNTY. This Agreement shall not constitute or make the parties a partnership or
joint venture.
8.5 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party beneficiaries
to this Agreement and that no third party shall be entitled to assert a claim against
either of them based upon this Agreement.
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8.6 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand delivery with a request for a written receipt of acknowledgement of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Bertha Henry, County Administrator
Government Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 W.W. 88t" Avenue
Tamarac, FL 33321-2401
CITY ATTORNEY:
Samuel S. Goren
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
8.7 ASSIGNMENT
Neither this Agreement nor any interest herein shall be assigned, transferred or
encumbered by either party without the written consent of the contract administrator of
the other party.
8.8 WAIVER OF BREACH
Neither COUNTY's nor CITY's failure to enforce any provision of this Agreement shall
be deemed a waiver of such provision or modification of this Agreement. A waiver of
any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
IN
8.9 COMPLIANCE WITH LAWS
CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and
regulations in performing its duties, responsibilities, and obligations pursuant to this
Agreement. Likewise, COUNTY shall comply with all federal, state, and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
8.10 SEVERANCE
In the event this Agreement or a material provision of this Agreement is found by a
court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining
provisions shall continue to be effective.
8.11 JOINT PREPARATION AND INTERPRETATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their mutual
intent and the resulting document shall not, solely as a matter of judicial construction,
be construed more severely against one of the parties than any other.
8.12 CONSTRUCTION OF AGREEMENT
It is the intent of the parties that this Agreement shall be liberally construed and
interpreted consistent with the "Whereas" clauses set forth herein so as to fully
effectuate its purposes and intent. The parties agree that they will cooperate, act in
good faith, and make best efforts to accomplish any and all of the terms, conditions,
and provisions of this Agreement, and shall take all appropriate and necessary actions
and execute such additional documents as are necessary to effectuate this
Agreement.
8.13 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or
any document incorporated into this Agreement by reference, and a term, statement,
requirement, or provision of this Agreement, the term, statement, requirement, or
provision contained in Articles 1 through 8 of this Agreement shall prevail and be given
effect.
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8.14 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and governed
by the laws of the State of Florida. Jurisdiction and venue for litigation concerning this
Agreement shall be exclusively in the state court of the Seventeenth Judicial Circuit in
and for Broward County, Florida.
8.15 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by the Board and the governing body
of CITY.
8.16 MERGER OF PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral
or written.
8.17 REMEDIES
In the event of breach or default of any term, condition, covenant, or obligation of this
Agreement by either party, the other party may exercise any right available to it at law
or equity, including without limitation an action for specific performance and all such
remedies shall be cumulative.
8.18 INCORPORATIONS
The parties confirm and acknowledge the truth and accuracy of the "Whereas" clauses
contained in this Agreement and same are hereby incorporated into and made a part
of this Agreement. The attached Exhibits "A" and "B" are incorporated into and made
a part of this Agreement.
8.19 RECORDATION OF AGREEMENT
The parties shall work together to ensure that all necessary filings and recordation are
timely and properly made with all state and federal offices and agencies that require
knowledge of the boundary changes. This Agreement may be recorded in the Official
Records of Broward County, Florida.
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8.20 MULTIPLE ORIGINALS
This Agreement may be fully executed in four (4) copies by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
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�4
INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC TO
IMPLEMENT THE ANNEXATION OF PROSPECT BEND INTO THE CITY
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement:
BROWARD COUNTY through its Board of County Commissioners, signing by and through its
Mayor or Vice -Mayor, authorized to execute same by Board action, and CITY OF TAMARAC,
signing by and through its Mayor, duly authorized to execute same.
ATTEST:
n
Broward County Administrator
Ex-officio Clerk of the Broward
County Board of County
Commissioners
Insurance Requirements
Approved by Broward County
Risk Management Division
ti
By. A6 Aw
COUNTY
BROWARD COUNTY, by and through
it's Board of County Commissiopprs
/
Approved as to form by:
Jeffrey J. Newton, County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
LOU
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INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF TAMARAC
TO IMPLEMENT THE ANNEXATION OF PROSPECT BEND INTO THE CITY
Approved b :
I� )
Ci y Attor y
STATE OF FLORIDA
COUNTY OF BROWARD
CITY
CITY OF TAMARAC, FLORIDA
(SEAL)
ACKNOWLEDGEMENT FOR CITY
he foregoing instrument was acknowledged before me this � day of
, 2010 by Beth Talabisco as Mayor of the City of TAMARAC, a Florida
';tunicipaI corporation on behalf of the municipal corporation, who is personally known to
me.
My Commission Expires:
nNA M. "EATLEY
My CQMWssloN # M619
EXpHzEs: Aupa 06, 2014
1 )d1pTARY FI. NdaY a�Ot Anne• Co.
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NOTARY PUBLIC, STATE OF FLORI A
(Signature of Notary Taking Acknowledgment
R.
(Name of Acknowledger Typed, Printed P Stamped)
Commission Number
11
ACKNOWLEDGEMENT FOR COUNTY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this �a^^ day of
2010 by Ken Keechl as Mayor of Broward County, a political subdivision of
the ttate of Florida, on behalf of Broward County, who is personally known to me.
NOTARY'S SEAL:
NOTARY PUBLICSTATF OF FWRIDA
" Donna Person
�,,, Commission #DD892599
_- Expires: MAY 25, 2013
$UNDER THRU ATI.MC BONDING C0., INC.
NOTARY PUBLIC, STATE OF FLORIDA
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EXHIBIT A
OBLIGATIONS OF CITY AND COUNTY
1. Types of Services Transitioned to CITY - Except as otherwise provided in this Agreement,
CITY shall be responsible for the following services in the annexed areas, as described in
Exhibit "B," on October 1, 2010:
• Building Code Enforcement
• Zoning Code Enforcement
• Planning, Zoning and Development Review
• Neighborhood Parks and Recreation
• Garbage Collection
• School Guards
• Maintenance of Roads and Rights -of -way and Associated Stormwater Structures
• Street Lighting
• Police (Currently provided by BSO)
• Fire Rescue (Currently provided through BSO contract with another municipality)
2. Building Code Services -- All applications for building permits submitted prior to the
effective date of this Agreement shall be reviewed, issued, inspected and finalized by
COUNTY, including expired building permits, which are renewed. Upon the issuance of a
certificate of occupancy by COUNTY, any further enforcement of the Broward County
Code of Ordinances shall be performed by CITY. All applications for building permits
submitted after the effective date of this Agreement shall be reviewed, issued, inspected,
and finalized by CITY. COUNTY shall continue to monitor and enforce all outstanding
building code violations including issuance of building permits and inspections required to
rectify outstanding violations. Upon annexation, the CITY's Code of Ordinances shall
apply within the annexed area. By October 1, 2010, the COUNTY will provide the CITY
with a report of all pending building permits and building permit applications.
3. Zoning Code Services - On October 1st of the year in which the .annexation becomes
effective, COUNTY shall provide all outstanding zoning violations to CITY. In addition, all
active non -expired permits and certificates of use that are outstanding on October 1Sx of
the year the annexation becomes effective will be finalized and inspected by the COUNTY.
Following October Vt of the effective date of the annexation, building inspectors will no
longer provide any inspections related to the zoning certificate of use program, which
certificate of use program will be assumed by CITY. Zoning designations under the
Broward County Zoning Code shall remain in effect until CITY adopts an ordinance
changing the zoning designations. Upon annexation, CITY shall be responsible for
enforcement of all other provisions of the CITY'S Code of Ordinances, site plan review,
variances, certificates of use and zoning permits within the annexed area.
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4. Engineering and Right -of -Way Management - In accordance with Chapter 2010-256, Laws
of Florida, all public roads, and the public rights -of -way associated therewith, in the
Broward County Road System, lying within the limits of the annexed lands as described in
Exhibit "B" are transferred from COUNTY jurisdiction to the jurisdiction of CITY, hereinafter
referred to as "Transferred Roads." All rights, title, interests, and responsibilities for the
Transferred Roads, including, but not limited to, the ownership, operation, maintenance,
planning, design, and construction of said public roads and the rights -of -way associated
therewith, are deemed transferred from COUNTY's jurisdiction and ownership to the
jurisdiction and ownership of CITY upon the effective date of the annexation. All storm
sewers and associated stormwater outfalls serving roads that are transferred to CITY as
part of the annexation shall be owned and maintained by the CITY.
All outstanding Engineering Division permits concerning right-of-way shall be inspected
and finalized by COUNTY. Bonds held by COUNTY for outstanding Engineering Division
permits will be maintained by COUNTY until successful completion of the one-year
warranty maintenance period. Any work in the right-of-way of a Transferred Road
submitted for permit after the effective date of this agreement shall be issued, inspected,
and finalized by CITY.
5. Street Maintenance — COUNTY agrees to continue to maintain the Transferred Roads as
described in Section 4 until October 1, 2010. CITY hereby acknowledges that CITY will
assume responsibility for maintenance of the Transferred Roads as described in Section 4
above beginning October 1, 2010.
6. Planning and Development Review -- CITY shall be responsible for the review of all plats
within the annexed area which have not been approved by the Broward County Board of
County Commissioners upon the effective date of the annexation. All plats approved by
the Broward County Board of County Commissioners prior to the effective date of the
annexation shall be entitled to be recorded as if such a plat was still subject to review by
COUNTY. CITY shall be responsible for neighborhood planning as of the effective date of
this Agreement. CITY shall be responsible for the review of all final site plan applications
which have not received a development order from COUNTY prior to the effective date of
this Agreement.
The Future Unincorporated Land Use Element of the Broward County Comprehensive
Plan shall remain in effect until CITY adopts an ordinance changing such land use
designation by a majority plus one of the full governing body of CITY. Upon annexation,
CITY shall be responsible for implementation and administration of the Future
Unincorporated Land Use Element of the Broward County Comprehensive Plan within the
annexed area. All applications for rezoning shall continue to be processed by COUNTY
until the annexation becomes effective.
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7. Allocation of Revenues — CITY shall initiate and coordinate with COUNTY the notification
and filing process to ensure that all Municipal, COUNTY and State revenue sources listed
below are transitioned to CITY on October 1, 2010. COUNTY shall make provisions for
per capita revenue sharing payments to CITY on behalf of the annexed area until that point
in time at which all State of Florida, COUNTY and Municipal revenue sharing sources
based on population formulas recognize the population of the annexed area as part of the
City of Tamarac and that recognition is reflected in CITY's annual share of State revenues.
• Communication Services Taxes
• State Revenue Sharing
• Gas Taxes (includes three interlocal agreements for local option gas tax)
• Half Cent Sales Tax
8. Transfer of Records --- All records will be transferred to CITY commencing September 15,
2010 and proceed continuously until all records in the annexation area are transferred to
CITY based on a mutually agreed upon schedule. By October 1, 2010, the COUNTY will
provide the CITY with a record of all outstanding code enforcement matters related to
properties located within the annexation area.
9. Garbage Collection - COUNTY shall provide waste collection and recycling services to
properties covered by the County's Mandatory Collection program through September 30,
2010. COUNTY shall accrue all garbage collection residential and commercial franchise fees
and other applicable revenues for services through September 30, 2010.
10.55th Court Drainage Project - COUNTY will correct paving and drainage defects in materials
and workmanship for work performed by COUNTY as part of the 55th Court Drainage Project
until September, 30, 2011. Additionally, the COUNTY will provide to the CITY all approved
plans for the drainage improvements in a timely manner.
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EXHIBIT B
CHAPTER 2010-256 LAWS OF FLORIDA
Committee Substitute for House Bill No. 1129
An act relating to City of Tamarac, Broward County; extending and
enlarging the corporate limits of the City of Tamarac to include specified
unincorporated lands within such corporate limits; providing for an
effective date of annexation; providing for an interlocal agreement;
providing for land use and zoning governance; providing legislative
findings; providing requirements for the levying of fire rescue special
assessments; providing for an assessment methodology review and report
on the fire rescue special assessment; prohibiting the charging of certain
impact fees; providing applicability to existing contracts; providing for
transfer of public roads and rights -of -way; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. The following described lands shall be annexed into and a part
of the City of Tamarac effective September 15, 2010:
Prospect Field Road/West Commercial Boulevard Annexation Boundary
is described as follows:
A portion of Section 17, Township 49 South, Range 42 East, Broward
County, Florida, more particularly described as follows: BEGIN at the
point of intersection of the North line of the Southeast One -Quarter (SE
1/4) of the Northeast One-Quarter(NE 1/4) of said Section 17 with the East
line of the West One -Half (W 1/2) of the Southeast One -Quarter (SE 1/4) of
the Northeast One -Quarter (NE 1/4) of said Section 17, said point being
on the municipal boundary of the City of Tamarac, as established by
Ordinance No. 0-81-17 of the City of Tamarac; Thence along said
municipal boundary the following 3 courses; Thence Westerly, along said
North line, to a point 50.00 feet East of the West line of the Southeast
One -Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said
Section 17; Thence Southerly, along a line 50.00 feet East of and parallel
with the West line of the Southeast One -Quarter (SE 1/4) of the Northeast
One -Quarter (NE 1/4) of said section 17, said line being the East right of
way line of Prospect Field Road, to a point of intersection with the South
line of the North One -Half (N 1/2) of the Northwest One -Quarter (NW 1/4)
of the Southeast One -Quarter (SE 1/4) of the Northeast One -Quarter (NE
1/4) of said Section 17; Thence Easterly, along said South line, to the
Southeast corner of the North One -Half (N 1/2) of the Northwest One -
Quarter (NW 1/4) of the Southeast One -Quarter (SE 1/4) of the Northeast
One -Quarter (NE 1/4) of said Section 17, said point being on the
municipal boundary of the City of Fort Lauderdale, as established
by Chapter 71-640, Laws of Florida; Thence Northerly, along the East
line of the Northwest One -Quarter (NW 1/4) of the Southeast One -
Quarter (SE 1/4) of the Northeast One -Quarter (NE 1/4) of said Section 17,
16
and along said municipal boundary to the POINT OF BEGINNING.
Prospect Field Road/N.W. 31 st Avenue Annexation Boundary is described
as follows:
A portion of Sections 8 and 17, Township 49 South, Range 42 East,
Broward County, Florida, described as follows: BEGIN at the point of
intersection of the North right of way line of Prospect Field Road with
a line 264 feet East of and parallel with the West line of said Section 8,
said point being on the municipal boundary of the City of Fort
Lauderdale, as established by Chapter 71-640, Laws of Florida;
Thence along said municipal boundary the following 3 courses; Thence
Easterly, along said North right of way line, to the North line of said
Section 17; Thence Easterly, along said North line of Section 17, to the
West line of Lot 11 of, LITTLE FARMS, according to the plat thereof, as
recorded in Plat Book 27, Page 29 of the Public Records of Broward
County, Florida; Thence Southerly, along said West line and the
Southerly prolongation thereof, to the centerline of Orange Street as
shown on said plat of, LITTLE FARMS, said point being on the
municipal boundary of the City of Fort Lauderdale, as established
by Ordinance No. C-87-10 of the City of Fort Lauderdale; Thence
Southerly, along the West line of Lot 30 of said plat and the Northerly
prolongation thereof and said municipal boundary, to a point on the
South line of the Northwest One -Quarter (NW 1/4) of the Northwest One -
Quarter (NW 1/4) of the Northeast One -Quarter (NE 1/4) of said Section
17, said point being on the municipal boundary of the City of Tamarac, as
established by Ordinance No. 0-81-17 of the City of Tamarac. Thence
along said municipal boundary of the City of Tamarac the following 3
courses; Thence Westerly, along said South line, to the Southwest corner
of the Northeast One -Quarter (NE 1/4) of the Northeast One -Quarter (NE
1/4) of the Northwest One -Quarter (NW 1/4) of said Section 17; Thence
Southerly to the Southeast corner of the Southwest One -Quarter (SW1/4)
of the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter
(NW 1/4) of said Section 17; Thence Westerly to the Southwest corner of
the Southwest One -Quarter (SW1/4) of the Northeast One -Quarter (NE
1/4) of the Northwest One -Quarter (NW 1/4) of said Section 17, said point
being on the municipal boundary of the City of Fort Lauderdale, as
established by Ordinance No. C-72-22 of the City of Fort Lauderdale;
Thence along said municipal boundary the following 4 courses; Thence
Westerly, along the South line of the Northwest One -Quarter (NW 1/4) of
the Northwest One -Quarter (NW 1/4) of said Section 17, to the West line
of said Section 17; Thence Northerly, along said West line, to the South
line of the West 264 feet of the North One -Half (N 1 /2) of the North One -
Half (N 112) of the Northwest One -Quarter (NW 1/4) of the Northwest One -
Quarter (NW 1/4) of said Section 17; Thence Easterly, along said South
line, to the Southeast corner thereof;
Thence Northerly, along the East line thereof, to the POINT OF
BEGINNING.
Section 2. An interlocal agreement shall be developed between the
17
governing bodies of Broward County and the City of Tamarac and executed
Ch. 2010-256 LAWS OF FLORIDA Ch. 2010-256
2
prior to the effective date of the annexation as specified in section 1. The
agreement shall address infrastructure improvement projects and include a
financially feasible plan for transitioning county services, buildings, infrastructure,
waterways, and employees.
Section 3. Upon annexation into the municipality, the areas described in
section 1 shall be governed by the zoning regulations of Broward County as
amended through March 1, 2010, which shall apply to all areas described in
section 1, which is Zone M-3 Heavy Manufacturing. In applying the adopted
provisions of the Broward County Zoning Code, each reference to a
commission, board, or employee of Broward County shall be construed to
refer to its nearest counterpart in the City of Tamarac. The Broward County
Zoning Code shall be interpreted and applied to the maximum extent
possible. The city may codify the applicable Broward County zoning
regulations in effect as of March 1, 2010, into the city's own zoning
regulations, provided that such codification is done without any changes
other than chapter and section numbers or references to any applicable city
commission, board, or employee. Any change of zoning districts or land use
designations may be accomplished only by enactment of the vote of the
majority of the full governing body of the municipality plus one. Any use,
building, or structure that is legally in existence at the time of annexation
within the area described in section 1 shall not be made a prohibited use by
the City of Tamarac.
Section 4. The Legislature finds that it is fair and reasonable to provide
for a partial exemption from any fire rescue special assessment levied by the
City of Tamarac to all parcels within the area described in section 1 in order
that the amounts collected from these parcels are equal to the amounts that
were collected from these parcels by Broward County for the provision of fire
rescue services before annexation. The area described in section 1 includes a
zoning category and uses that are materially different from those currently
existing within the city and that may not be addressed in the city's current
fire rescue special assessment methodology. These new uses will provide
economic diversity and opportunities to the city that presently do not exist.
Moreover, the annexation of these parcels into the city will provide economic
benefits not otherwise available to the city, including, without limitation,
increased ad valorem tax revenue paid directly by the annexed parcels,
which will fund and enhance other city services provided citywide which, if
not for the enhanced revenues received from the annexed parcels, would have
to be funded through existing revenues. The exemption shall be equal to the
amount of the special assessment levied by the City of Tamarac on the
parcels within the area described in section 1 in excess of the amount that
would have been charged the same parcels by Broward County through its
fire assessment had the area described in section 1 remained an unincorporated
area of Broward County. This partial exemption shall remain in
place, notwithstanding any other statute or ordinance regarding non -ad
valorem assessments. If Broward County discontinues its fire rescue special
18
assessment, the exemption shall remain in place using the amount collected
by the City of Fort Lauderdale had the area been part of Fort Lauderdale,
Ch. 2010-256 LAWS OF FLORIDA Ch. 2010-256
3
and if both Broward County and Fort Lauderdale cease to levy fire rescue
special assessments, the assessment levied by the City of Tamarac shall then
be collected from the parcels within the area described in section 1. Any
shortfall in revenues by the city as a result of this exemption shall be funded
by any available funding sources other than the fire rescue special
assessment. The city shall complete an assessment methodology review
and report for its fire rescue special assessment, to include an analysis of the
parcels within the area described in section 1, within 1 year after the effective
date of the annexation.
Section 5. The City of Tamarac may not charge any impact fees to any
parcel within the area described in section 1 for any uses or development
existing as of the effective date of the annexation that under the city's
ordinances would have been due to the city for the existing uses had they
been developed under the city's code. Development and uses that commence
on or after the effective date of the annexation shall be subject to the city's
impact fees.
Section 6. Nothing in this act may be construed to affect or abrogate the
rights of parties to any contracts, whether they be between Broward County
and a third party or between nongovernmental entities, which contracts are
in effect prior to the effective date of the annexation.
Section 7. All public roads, and the public rights -of -way associated
therewith, in the Broward County Road System, lying within the limits of
the lands subject to annexation in this act as described in Section 1, are
transferred from the jurisdiction of Broward County to the jurisdiction of the
City of Tamarac on the effective date of the annexation. All rights, title,
interests, and responsibilities for any transferred roads, including, but not
limited to, the ownership, operation, maintenance, planning, design, and
construction of such roads and the rights -of -way associated therewith, shall
transfer from the jurisdiction and ownership of Broward County to the
jurisdiction and ownership of the City of Tamarac on the effective date of the
annexation.
Section 8. This act shall take effect upon becoming a law.
Approved by the Governor May 28, 2010.
Filed in Office Secretary of State May 28, 2010.
19
FLORIDA MUNICIPAL INSURANCE TRUST
AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE
DECLARATIONS
I. DESIGNATED MEMBER: Agreement No.: FMIT #0584
City of Tamarac
II. GOVERNMENT DESCRIPTION
Municipality
III. COVERAGE PERIOD
From 10/01/2009 to 10/01/2010 12:01 A.M. Standard Time at the address of the Designated Member
IV. AUTOMOBILE
1. Automobile Liability
Number of Vehicles
2. Uninsured Motorists Protection
3. Personal Injury Protection
4. Automobile Medical Payments
5. Automobile Physical Damage
Premium Deductible/ Net
Basis Type Limit Premium
Per Schedule
$25,000 DSL
$2,000,000
$91,139
247
N/A
N/A
$10,000
Included
N/A
N/A
Per Schedule
Per Schedule
N/A
$15,749
V. This Agreement includes these endorsements and schedules: See Schedule B
VI. ESTIMATED ANNUAL PREMIUM
Florida Municipal Insurance Trust (FMIT)
Normal Incentive Net
Premium Credit Premium
$116,796 $(9,908) $106,888
Florida League of Cities Sponsored Insurance Programs Since 1977
THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON
CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED
AGREEMENT.
FMIT AUTO DEC 1009 Page 1 of 2
RISK MANAGEMENT DIVISION
115 S. Andrews Avenue, Room 210 • Fort Lauderdale, Florida 33301-1869 • 954-357-7200 • FAX 954-357-6545
Workers' Compensation: FAX 954-357-7176 - Liability: FAX 954-357-7187
September 8, 2010
To Whom It May Concern
Please be advised that this is to certify that the Broward County Office of Management and
Budget is covered through Broward County Board of County Commissioners' property
program insured by FM Global (Factory Mutual Insurance Company). The effective policy
period is from February 1, 2010 through February 1, 2011 and the policy number is JD112.
Broward County Office of Management and Budget operates as an office of Broward County
Board of County Commissioners and is insured in the County's self-insurance program. This
will further certify that pursuant to Statute 627.7264, Broward County Board of County
Commissioners is fully self insured and self administered for Auto, General Liability, and
Workers' Compensation coverage and does not separately purchase a commercial policy.
In accordance with Florida Statute 768.28 since May 10, 1977, Broward County is protected
to the extent of statutory limits of $100,000/$200,000 and we do not waive sovereign
immunity. The Workers' Compensation program operates in compliance with and under the
auspices of Chapter 440 of Florida Statutes.
Should you have any questions regarding this correspondence, please contact me at (954)-
357-7232.
Very truly yours,
Danielle W. French
Interim Director
Risk Management Division
Broward County Board of County Commissioners
Sue Gunzburger • Kristin D. Jacobs • Albert C. Jones #-Ken x6i od b klene Lieberman • Stacy Ritter • John E. Rodstrom, Jr. - Lois Wexler
r�d o
R
FLORIDA MUNICIPAL INSURANCE TRUST
GENERAL/PROFESSIONAL LIABILITY COVERAGE AGREEMENT
DECLARATIONS
1. DESIGNATED MEMBER Agreement No.: FMIT #0584
City of Tamarac
II, GOVERNMENT DESCRIPTION
Municipality
III. COVERAGE PERIOD
From October 1, 2009 to October 1, 2010 12:01 A.M. Standard Time at the address of the Designated
Member.
IV. General/Professional Liability
Payroll
1. General Liability
a. Broad Form Property Damage
b. Extra Contractual Legal Expense
c. Fire Legal Liability
d. Medical Attendants'/Medical
Directors' Malpractice Liability
2. Errors and Omissions Liability
a. Employment Practices Liability
b. Employee Benefits Program
Administration Liability
Premium Net
Rasia Deductible/Type Limit Prcmhjm
$25,000 DSL
$2,000,000
$249,170
22, 731,521
$25,000 DSL
Per Form
Included
N/A
$25,000
Included
$25,000 DSL
$250,000
Included
$25,000 DSL
$2,000,000
Included
$25,000 DSL
$2,000,000
Included
$25,000 DSL
$2,000,000
Included
$25,000 DSL
$2,000,000
Included
V. This agreement includes these endorsements and schedules: See Schedule A
VI. ESTIMATED ANNUAL PREMIUM
Florida Municipal Insurance Trust (FMIT)
Normal Incentive Net
Premium Credit Premium
$344,590 $(95,420) $249,170
Florida League of Cities Sponsored Insurance Programs Since 1977
THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON
CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED
AGREEMENT.
FMIT GL DEC 1009 Page 1 of 2
FMIT GENERALIPROFESSIONAL LIABILITY COVERAGES
October 1, 2008 -October 1, 2010 Schedule Coverage Forms List
FMIT #0584
Schedule A
Form # Description
General Liability Common
FMIT TRAG 1008
Trust Agreement
FMIT CA 1008
Coverage Agreement
FMIT DSL 1007
Deductible StopLoss Endorsement
General Liability
FMIT BFPD 1007
Broad Farm Property Damage Endorsement
FMIT ECLE 1009
Extra Contractual Legal Expense Endorsement
FMIT FLL 1007
Fire Legal Liability Endorsement
FMIT MA 1007
Medical Attendants' / Medical Directors' Malpractice Liability Endorsement
FMIT EO 1009
Errors and Omissions Liability Endorsement
FMIT SE GL 1007
Specific Excess Endorsement - General Liability
FMIT GL DEC 1009 Page 2 of 2
FLORIDA LEAGUE OF CITIES
SPONSORED INSURANCE PROGRAMS
DECLARATIONS
I. DESIGNATED MEMBER: City of Tamarac
Address: 7525 NW 88th Avenue
Tamarac, FL 33321-2401
II, COVERAGE PERIOD
From October 1, 2009 to October 1, 2010
12:01 A.M. Standard Time at the address of the Designated Member.
III.AGREEMENT NUMBER
Florida Municipal Insurance Trust (FMIT)
IV. COVERAGES INCLUDED
General Liability
Automobile
Property
Workers' Compensation
V. ESTIMATED ANNUAL PREMIUM
Normal
Expense
Premium
Constant
$ 1,245,754.00
200.00
Signature of Authorized Representative
FMIT #0584
r
s
Approved:
Risk Ma Divi ton
Per, exande
��/��,7 Special Projects
Coordinator III
Incentive
Credit
$(228,673.00)
Net
Premium
$ 1,017,281,00
August 31, 2009
Date